Are Online Wills Legal?

Online wills CAN be legal, but…The baseline for a valid will is PROPER EXECUTION. Each state has its own specific rules of procedure, so you should speak with a local counselor or look up your state laws online.  Be sure you are using an online form that complies with state requirements. Essentially, all states require that the Testator (you) acknowledge that this is a last will and testament, that you sign it at the end of all the pages, that it be witnessed by at least two disinterested people. Some states do not recognize “holographic” will–meaning handwritten, except from soldiers in battle conditions and a few other rare exceptions.  No state recognized “noncupative” will — oral statements alleging to be the spoken wishes of the decedent.

The courts are reluctant to discard any writing that appears to be the wishes of a decedent, but that won’t stop someone from challenging the will.  Then it will involve litigation. A good scribe of a Will knows how to avoid unnecessary litigation and should set up a distribution that can go as smooth and seamless as possible under the circumstances.


However, the cost of having a will prepared is usually very reasonable and well worth it for the peace of mind of knowing your paperwork is all in order. A will and a Living Will (Health care proxy) are very affordable. Why skimp on something so important.


Published by Estela Matta, Attorney & Counselor at Law

Family Law Attorney: Divorce/Separation, Custody and Child Support, Domestic Violence Wills, Living Wills, Trusts, Estates New England Law|Boston J.D. Columbia University B.A.

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